jebra kambore vs the attorney general 2019 tzhc 2145 16 august 2019

jebra kambore vs the attorney general 2019 tzhc 2145 16 august 2019

The petitioner failed to provide evidence, either by affidavit or oral testimony, to substantiate allegations that sections 7 and 15 of the Regional Administration Act violate the Constitution. Mere allegations and submissions are insufficient to establish constitutional breach. The statutory provisions contain procedural safeguards and are validly enacted for maintaining law and order. Possibility of abuse does not invalidate the provisions.

Citation
jebra kambore vs the attorney general 2019 tzhc 2145 16 august 2019
Parties
Petitioner: Jebra Kambole; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 August 2019
Procedural Posture
Constitutional Petition / Final Ruling
Outcome
petition dismissed
Legal Topics
Constitutionality of Statutory Provisions, Powers of Arrest and Detention, Fundamental Rights and Freedoms, Rule of Law, Due Process
Source Language
English
Constitutional Law Administrative Law Human Rights Law Constitutionality of Statutory Provisions Powers of Arrest and Detention Fundamental Rights and Freedoms Rule of Law Due Process

Case Brief

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Parties

Jebra Kambole

Petitioner

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Final Ruling

Legal Issues

  1. 1 Whether sections 7 and 15 of the Regional Administration Act violate the Constitution by conferring powers of arrest and detention to District and Regional Commissioners.
  2. 2 Whether the impugned provisions attract arrests and detentions driven by discriminatory, political motives, personal grudges, and harassment of opponents.
  3. 3 Whether the impugned provisions suppress the rule of law, due process, and encourage abuse of power and authority.

Ratio Decidendi

The petitioner failed to provide evidence, either by affidavit or oral testimony, to substantiate allegations that sections 7 and 15 of the Regional Administration Act violate the Constitution. Mere allegations and submissions are insufficient to establish constitutional breach. The statutory provisions contain procedural safeguards and are validly enacted for maintaining law and order. Possibility of abuse does not invalidate the provisions.

Court Disposition

petition dismissed

Orders

  • petition dismissed without orders as to costs